Understanding Legal Evasion and International Law Concepts
Item 2. Notion of Evasion of Law
Fraud law addresses situations where a person maliciously, but through lawful means, seeks to be governed by a particular law to obtain a favorable outcome. This is facilitated when the linking factor depends on the individual’s will.
Legal Nature of Fraud to Law:
No Notion of Fraud to Law: Some argue that fraud cannot apply to law because when a person is placed under a more favorable law, they have performed lawful acts. Determining intent is difficult.
Fraud in Law
Read MoreConstitutional Rights and Legal Guarantees in Chile
Article 19. The Constitution guarantees all persons:
The right to life and physical and mental integrity. The law protects the life of the unborn. The death penalty can only be established by law for offenses under a qualified quorum. It prohibits the use of all illegal pressure.
Equality before the law. In Chile, there are no privileged persons or groups. Slavery is abolished, and anyone who steps on Chilean territory is free. Men and women are equal before the law. Neither the law nor any authority
Spanish Criminal Law: Murder and Robbery Explained
Murder (Asesinato) – Article 139
Murder is defined as the killing of another person under specific aggravating circumstances. It is punishable by 15 to 20 years imprisonment. The aggravating circumstances are:
- Premeditation (Alevosía): Using means or methods to ensure the killing without risk to the perpetrator.
- Price, reward, or promise (Precio, recompensa o promesa): The killing is motivated by an economic incentive.
- Cruelty (Ensañamiento): Deliberately and inhumanely increasing the victim’s suffering.
Spanish State Authorities: Parliament, Government, Judiciary & Crown
ITEM 2. STATE AUTHORITIES.
2.1. THE LEGISLATURE. GENERAL COURTS.
·
ART. 66 EC.
· The Cortes Generales represent SPANISH PEOPLE AND ARE FORMED BY THE CHAMBER OF DEPUTIES AND THE SENATE.
· The Cortes Generales are inviolable. CAN NEVER BE THE JUDGE.
· Is a constitutional body, composed of two chamber represents, CONGRESS AND SENATE
· ARE DEVELOPING THE ROLE OF LAW (VOTE), PREPARE THE PRESENTING THE GOVERNMENT BUDGET AND CONTROL OF THIS ACTION.
Characterizatio STICAS:
· Constitutional bodies.
Understanding Administrative Resources and EU Law
Administrative Resources
The review of administrative acts can be done automatically by the administration or at the request of interested parties through administrative resources. These apply to resolutory acts and qualified prior acts (Art. 107, Law 30/92).
Types of Administrative Appeals
1. Ordinary or common: Arise from acts within specified periods.
- Appeal or optional.
- Application for reinstatement: Can be submitted or not.
2. Extraordinary: Supported by exception and for good cause provided by law.
Read MoreUnderstanding the Chilean Constitution: Core Values and Principles
1. Institutional Bases and Constitutional Law
1.1 Core Values of the Institutional Bases: These are not ethical ideals or socio-ethical views, but rather a consensus on basic goals and directions prioritized by the partnership within a specific historical and cultural context.
1.2 Definition of Constitutional Law: This branch of public law studies the legal rules concerning the organization of the state, its government, and fundamental human rights.
2. The Concept of Law in the 1980 Constitution
The
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